camr    .     ..-z_ 

QC 

89 


$B    5bM    771 


GIFT  OF 


LAWS  OF 


he  State  of  New   i  ork 


RELATING  TO 


WEIGHTS  AND 
MEASURES 


PUBLISHED  BY 

DEPARTMENT  OF  WEIGHTS  AND  MEASURES 

OF  THE  STATE  OF  NEW  YOP.K 

ALBANY 

7-7-10-300  J  (28-12328) 


0. 


CHAPTER  20   OF  THE   CONSOLIDATED 
LAWS  — GENERAL  BUSINESS  LAW 

Article  2  as  amended    by  Chapters  187  and  470  of  the 
Laws  of  igio. 

ARTICLE   1. 

Short  Title 

Section  1.  Short  title. 

§  i.  Short  title.  This  chapter  shall  be  known  as 
the  "  General  Business  Law." 

ARTICLE  2 

Weights  and  Measures 
Section    2.  Description  of  weights  and  measures. 

3.  The  unit  of  length  and  surface. 

4.  Units  of  weight. 

5.  Units  of  capacity. 

o-a.  5-b.  Bottles  or  jars  for  milk  and  cream. 

6.  Heap  measure. 

7.  Measure  for  bran. 

8.  Number  of  pounds  to  the  bushel. 

9.  Barrels  of  apples,  quinces,  pears  and  potatoes. 

10.  Construction  of  contracts. 

11.  Duties    of    state    superintendent    of    weights 

and  measures. 

12.  Copies  of  standard  weights  and  measures. 

13.  County  sealer;  duties  of  county  sealer;  duty 

of  supervisors. 

14.  City  sealer. 

15.  Weights  and  measures  to  be  sealed. 

§  2.  Description  of  weights  and  measures.  The 
standard  weights  and  measures  that  were  furnished  to 
this  state  by  the  government  of  the  United  States,  in 
accordance  with  a  joint  resolution  of  congress,  approved 
June  fourteenth,  eighteen  hundred  and  thirty-six,  and 
consisting  of  one  standard  yard  measure  and  one  set 
of  standard  weights,  comprising  one  Troy  pound,  and 
nine  avoirdupois  weights  of  one,  two,  three,  four,  five, 
ten,  twenty,  twenty-five  and  fifty  pounds  respectively; 
one.  set  of  standard  Troy  ounce  weights,  divided  decim- 
ally from  ten  ounces  to  the  one  ten-thousandth  of  an 
ounce;  one  set  of  standard  liquid  capacity  measures, 
consisting  of  one  wine  gallon  of  two  hundred  and  thirty- 
one  cubic  inches,  one-half  gallon,  one  quart,  one  pint 
and  one-half  pint  measure;  and  one  standard  half 
bushel,  containing  one  thousand  and  seventy-five  cubic 
inches  and  twenty  one-hundredths  of  a  cubic  inch,  ac- 
cording to  the  inch  hereby  adopted  as  standard,  and 
such  new  weights,  measures,  balances  and  other  appara- 
tus as  mav  be  received  from  the  United  States  as 

329271 


standard  weights,  measures,  balances  and  apparatus  in 
addition  tht-r  •!•.(.!  in  renewed  thereof  as  well  as  such 
weights,'  measures,  balances'  and  'apparatus  as  may  be 
added  by  the  state  department  of  weights  and  measures 
and  verified  by  the  national  bureau  of  standards  shall 
be  the  standard  of  weights  and  measures  throughout 
this  state.  (Amended  by  Laws  of  3910.) 

§  3.  The  unit  of  length  and  surface.  The  units  or 
standard  measures  of  length  and  surface,  from  which 
al!  other  measures  of  extension,  whether  lineal,  super- 
ficial or  solid,  shall  be  derived  and  ascertained,  are  the 
standards  of  length  designated  in  this  article.  For 
measures  of  cloths  and  other  commodities  commonly 
sold  by  the  yard,  the  yard  may  be  divided  into  halves, 
quarters,  eighths,  and  sixteenths.  The  rod,  pole  or 
perch,  contains  five  and  one-half  yards;  the  mile,  one 
thousand  seven  hundred  and  sixty  yards.  The  chain 
for  measuring  land  is  twenty-two  yards  long  and  is 
divided  into  one  hundred  equal  parts  called  links.  The 
acre  for  land  measure,  shall  be  measured  horizontally 
and  contain  ten  square  chains,  equivalent  in  area  to  a 
rectangle  sixteen  rods  in  length  and  ten  in  breadth; 
six  hundred  and  forty  acres  being  contained  in  a 
square  mile.  (Amended  by  Laws  of  1910.) 

§  4.  Units  of  weight.  The  units  or  standards  of 
weight  from  which  all  other  weights  shall  be  derived 
and  ascertained,  shall  be  the  standard  weights  desig- 
nated in  this  article.  The  hundred-weight  consists  of 
one  hundred  avoirdupois  pounds  and  twenty  hundred 
weight  are  a  ton.  In  all  transactions  relating  to  the 
sale  or  delivery  of  coal  two  thousand  avoirdupois 
pounds  in  weight  shall  constitute  a  legal  ton.  (Amended 
by  Laws  of  1910.) 

§  5.  Units  of  capacity.  The  units  or  standards  of 
measure  of  capacity  for  liquids  from  which  all  other 
measures  shall  be  derived  and  ascertained  shall  be  the 
standards  designated  in  this  article.  The  barrel  is  equal 
to  thirty-one  and  one-half  gallons  and  two  barrels  are 
a  hogshead.  The  parts  of  tlie  liquid  gallon  shall  be 
derived  from  the  gallon  by  continual  division  by  the 
number  two,  so  as  to  make  half  gallons,  quarts,  pints, 
half  pints  and  gills.  The  peck,  half  peck,  quarter  peck, 
quart,  pint  and  half  pint  for  measuring  commodities 
which  are  not  liquids  shall  be  derived  from  the  half 
bushel  by  successively  dividing  that  measure  by  two. 
The  standard  of  measure  for  buying  and  selling  straw- 
berries, raspberries,  blackberries,  currants,  gooseberries, 
plums,  cherries,  cranberries  and  other  small  fruits  shall 
be  the  quart,  which  shall  contain  when  even  full  sixty- 
seven  and  two-tenths  cubic  inches;  the  pint,  which  when 
even  full  shall  contain  thirty-three  and  six-tenths  cubic 


inches;  tlie  half  pint,  which  when  even  full  shall  con- 
tain sixteen  and  eight-tenths  cubic  inches;  multiples  of 
the  quart,  which  when  even  full  shall  contain  like  mul- 
tiples of  sixty-seven  and  two-tenths  cubic  inches. 

§  5-a.  Bottles  or  jars  for  milk  and  cream.  Bottles  used 
for  the  sale  of  milk  and  cream  shall  be  of  the  capacity 
of  half  gallon,  three  pints,  one  quart,  one  pint,  half 
pint  and  one  gill,  filled  full  to  the  bottom  of  the  cap 
ring  or  stopple.  The  following  variations  on  individual 
bottles  or  jars  may  be  allowed:  six  drams  above  and 
six  drams  below  on  the  half  gallon;  five  drams  above 
and  five  drams  below  on  the  three  pint;  four  drams 
above  and  four  drams  below  on  the  quart;  three  drams 
above  and  three  drams  below  on  the  pint ;  two  drams 
above  and  two  drams  below  on  the  half  pint,  and  two 
drams  above  and  two  drams  below  on  the  gill.  Bottles 
of  jars  used  for  the  sale  of  milk  shall  have  clearly 
blown,  or  otherwise  permanently  marked,  in  the  sides 
or  bottom  of  the  bottle  the  name,  initials  or  trade- 
mark of  the  manufacturer  and  a  designating  number, 
which  designating  number  shall  be  different  for  each 
manufacturer  and  may  be  used  in  identifying  the 
bottles.  The  designating  number  shall  be  furnished  by 
the  state  superintendent  of  weights  and  measures  upon 
application  by  the  manufacturer,  and  a  record  of  the 
designating  numbers  and  to  whom  furnished  shall  be 
kept  in  the  office  of  the  superintendent  of  weights  and 
measures. 

§  5-b.  Any  manufacturers  who  sell  milk  and  cream 
bottles  to  be  used  in  this  state  that  do  not  comply  as 
to  size  and  marking  with  the  provisions  of  section 
five-a  shall  suffer  a  penalty  of  five  hundred  dollars, 
to  be  recovered  by  the  attorney-general  in  an  action  to 
be  brought  in  the  name  of  the  people  of  the  state  of 
New  York.  Any  dealer  who  knowingly  uses  for  the 
purpose  of  selling  milk  or  cream  jars  or  bottles  pur- 
chased after  this  law  takes  effect  that  do  not  comply 
with  section  five-a  as  to  marking  and  capacity  shall 
be  deemed  guilty  of  giving  false  or  insufficient  measure. 

(Sections  5-a  and  5-b  take  effect  January  1st,  1911,  and  con- 
stitute Chapter  470  of  the  Laws  of  1910.) 

§  6.  Heap  measure.  The  measure  of  capacity  for  all 
commodities  commonly  sold  by  heap  measure  shall  be 
the  half  bushel  and  its  multiples  and  subdivisions.  The 
measures  used  to  measure  such  commodities  shall  be 
cylindrical,  with  plain  and  even  bottom,  and  of  the 
diameter  of  nineteen  and  one-half  inches  from  outside 
to  outside  if  a  bushel;  fifteen  and  one-half  inches  if  a 
half  bushel,  and  twelve  and  one-third  inches  if  a  peck. 

All  commodities  sold  by  heap  measure  shall  be  duly 
heaped  up  in  the  form  of  a  cone,  the  outside  of  the 
measure  to  be  the  limit  of  the  base  of  the  cone,  and  the 
cone  to  be  as  high  as  the  commodities  will  admit. 


§  7-  Measure  for  bran.  The  standard  measure  of 
capacity  for  bran  and  shorts  shall  be  forty  quarts  to 
the  bushel.  The  measure  used  for  measuring  such 
commodities  shall  be  round,  with  a  plain  or  even  bot- 
tom, and  it  shall  be  thirteen  and  one-half  inches  in 
diameter  in  the  clear  at  the  top,  and  fifteen  inches  and 
one-half  in  diameter  in  the  clear  at  the  bottom,  and 
of  sufficient  depth  to  contain  such  number  of  quarts, 
when  stricken  with  a  round,  straight  stick  or  roller  of 
uniform  diameter. 

§  8.  Number  of  pounds  to  the  bushel.  Whenever  any 
commodity  specified  in  this  section  is  sold  by  the  bushel, 
and  no  special  agreement  is  made  by  the  parties  as  to 
the  mode  of  measuring,  the  bushel  shall  consist  of  sev- 
enty pounds  of  lime  or  coarse  salt;  sixty  pounds  of 
wheat,  peas,  potatoes,  clover-seed  or  beans;  fifty-seven 
pounds  of  onions;  fifty-six  pounds  of  Indian  corn,  rye 
or  fine  salt;  fifty-five  pounds  of  flax-seed;  fifty-four 
pounds  of  sweet  potatoes;  fifty  pounds  of  corn  meal, 
rye  meal  or  carrots;  forty-eight  pounds  of  barley, 
apples  or  buckwheat;  forty-five  pounds  of  herds-grass, 
timothy  seed  or  rough  rice;  forty-four  pounds  of  Sea 
island  cotton  seed ;  thirty-three  pounds  of  dried  peaches ; 
thirty-two  pounds  of  oats;  thirty  pounds  of  upland 
cotton  seed;  twenty-five  pounds  of  dried  apples;  twenty 
pounds  of  bran  or  shorts.  For  a  fractional  part  of  the 
bushel  a  like  fractional  part  of  the  above  weights  shall 
be  required.  (Amended  by  Laws  of  1910.) 

§  9.  Barrels  of  apples,  quinces,  pears  and  potatoes. 
A  barrel  of  pears,  quinces  or  potatoes  shall  represent 
a  quantity  equal  to  one  hundred  quarts  of  grain  or 
dry  measure.  A  barrel  of  apples  shall  be  of  the  follow- 
ing dimensions:  head  diameter,  seventeen  and  one- 
eighth  inches;  length  of  stave,  twenty-eight  and  one-half 
inches;  bulge,  not  less  than  sixty-four  inches  outside 
measurement,  to  be  known  as  the  standard  apple  barrel. 
Oi-  where  the  barrel  shall  be  mado  straight  or  without 
a  bulge,  it  shall  contain  the  same  number  of  cubic 
inches  as  the  standard  apple  barrel.  Every  person 
buying  or  selling  apples,  pears,  quinces  or  potatoes  in 
this  state  by  the  barrel,  shall  be  understood  as  refer- 
ring to  the  quantity  or  size  of  the  barrel,  specified  in 
this  section,  but  when  potatoes  are  sold  by  weight,  the 
quantity  constituting  a  barrel  shall  be  one  hundred  and 
seventy-four  pounds.  No  person  shall  make,  or  cause 
to  b9  made,  barrels  holding  less  than  the  quantity 
herein  specified,  knowing  or  having  reason  to  believe 
that  the  same  are  to  be  used  for  the  sale  of  apples, 
quinces,  pears  or  potatoes,  unless  such  barrel  is  plainly 
marked  on  the  outside  thereof  with  the  words  "  short 
barrel  "  in  letters  of  not  less  than  one  inch  in  height. 
No  person  in  this  state  shall  use  barrels  hereafter  made 

6 


for  the  sale  of  such  articles  of  a  size  less  than  the 
size  specified  in  this  section.  Every  person  violating 
any  provision  of  this  section  shall  forfeit  to  the  people 
of  this  state  a  sum  of  five  dollars  for  every  barrel  put 
up  or  made  or  used  in  violation  of  such  provision. 

§  10.  Construction  of  contracts.  All  contracts  made 
within  the  state  for  work  to  be  done,  or  for  the  sale 
or  delivery  of  personal  property,  by  weight  or  measure, 
shall  be  taken  and  construed  according  to  the  standards 
ot'  weights  and  measures  adopted  in  this  article. 

§  ii.  Duties  of  state  superintendent  of  weights  and 
measures.  The  state  superintendent  of  weights  and 
measures  shall  take  charge  of  the  standards  adopted  by 
this  article  as  the  standards  Df  the  state;  cause  them 
to  be  kept  in  a  fireproof  building  belonging  to  the  state, 
from  which  they  shall  not  be  removed,  except  for  repairs 
or  for  certification,  and  take  all  other  necessary  pre- 
cautions for  their  safe-keeping.  He  shall  maintain  the 
state,  standards  in  good  order  and  shall  submit  them 
once  in  ten  years  to  the  national  bureau  of  standards 
for  certification.  He  shall  correct  the  standards  of  the 
several  cities  and  counties  and,  as  often  as  once  in 
five  years,  compare  the  same  with  those  in  his  pos- 
session, and  where  not  otherwise  provided  by  law  he 
shall  have  a  general  supervision  of  the  weights,  meas- 
ures and  measuring  and  weighing  devices  of  the  state, 
and  in  use  in  the  state.  He  shall  upon  the  written 
request  of  any  citizen,  firm,  corporation  or  educational 
institution  of  the  state,  test  or  calibrate  weights,  meas- 
ures, weighing  or  measuring  devices  and  instruments 
or  apparatus  used  as  standards  in  the  state.  He,  or 
hio  deputies  or  inspectors  by  his  direction,  shall  at 
least  once  annually  test  all  scales,  weights  and  meas- 
ures used  in  checking  the  receipt  or  disbursement  of 
supplies  in  every  institution  under  the  jurisdiction  of 
the  fiscal  supervisor  of  state  charities  and  he  shall  re- 
port in  writing  his  findings  to  said  fiscal  supervisor 
and  to  the  executive  officer  of  the  institution  concerned; 
and  at  the  request  of  said  officers  the  superintendent 
of  weights  and  measures  shall  appoint  in  writing  one 
or  more  employees,  then  in  actual  .service,  of  each  in- 
stitution, who  shall  act  as  special  deputies  for  the  pur- 
pose of  checking  the  receipt  or  disbursement  of  sup- 
plies. He  shall  keep  a  complete  record  of  the  standards, 
balances  and  other  apparatus  belonging  to  the  state 
and  take  receipt  for  the  same  from  his  successor  in 
office.  He  shall  annually  during  the  first  two  weeks 
of  January  make  to  the  legislature  a  report  of  the 
work  done  by  his  office.  The  state  superintendent,  or 
his  deputies  or  inspectors  by  his  direction,  shall  inspect 
all  standards  used  by  the  counties  or  cities  at  least 
once  in  two  years  and  shall  keep  a  record  of  the  same. 


He,  or  his  deputies  or  inspectors  at  his  direction,  shall 
at  least  once  in  two  years  visit  the  various  cities  and 
counties  of  the  state  in  order  to  inspect  the  work  of 
the  local  sealers  and  in  the  performance  of  such  duties 
he  may  inspect  the  weights,  measures,  balances  or  any 
other  weighing  or  measuring  appliances  of  any  person, 
firm  or  corporation.  (Amended  by  Laws  of  1910.) 

§  12.  Copies  of  standard  weights  and  measures.  The 
stixte  shall  have  a  complete  set  of  copies  of  the  original 
standards  of  weights  and  measures  adopted  by  this 
article,  which  shall  be  used  for  adjusting  county  ' 
standards,  and  the  original  standards  shall  not  be  used 
except  for  the  adjustment  of  this  set  of  copies  and  for 
scientific  purposes. 

The  state  superintendent  of  weights  and  measures 
shall  see  that  the  foregoing  provisions  of  this  section 
a ro  complied  with  and  procure  such  apparatus  and  fix- 
tures, if  the  same  have  not  already  been  procured,  as 
are  necessary  in  the  comparison  and  adjustment  of 
the  county  standards. 

He  shall  cause  all  the  city  and  county  standards  to 
be  impressed  with  the  emblem  of  the  United  States, 
the  letters  "  N.  Y.,"  and  such  other  devices  as  he  shall 
direct  for  the  particular  county. 

§  13.  County  sealer;  duties  of  county  sealer;  duty  of 
supervisors.  There  shall  be  a  county  sealer  of  weights 
and  measures  in  each  county,  who  shall  be  appointed 
by  the  board  of  supervisors  and  hold  office  during  the 
pleasure  of  such  board.  He  shall  be  paid  a  salary 
determined  by  the  board  of  supervisors  and  shall  be 
provided  by  them  with  the  necessary  working  equip- 
ment of  standard  weights  and  measures.  He  shall  take 
charge  of  and  safely  keep  the  county  standards.  Where 
not  otherwise  provided  by  law,  the  county  sealer  shall 
linve  the  power  within  his  county  to  inspect,  test,  try 
and  ascertain  if  they  are  correct,  all  weights,  scales, 
bourns,  measures  of  every  kind,  instruments  or  mechani- 
cal devices  for  measurement  and  the  tools,  appliances  or 
accessories  connected  with  any  or  all  such  instruments 
or  measurements  used  or  employed  within  the  county 
by  any  proprietor,  agent,  lessee  or  employee  in  deter- 
mining the  size,  quantity,  extent,  area  or  measurement 
of  quantities,  things,  produce,  articles  for  distribution 
or  consumption  offered  or  submitted  by  such  person  or 
persons  for  sale,  for  hire  or  award.  He  shall  at  least 
twice  in  each  year  and  as  much  oftener  as  he  may  deem 
necessary  see  that  the  weights,  measures  and  all  ap- 
paiatus  used  in  the  county  are  correct.  He  may  for 
tht  purposes  above  mentioned,  and  in  the  general  per- 
formance of  his  official  duties,  enter  or  go  into  or  upon 
and  without  formal  warrant,  any  stand,  place,  building 
or  premises  or  may  stop  any  vender,  peddler,  junk 

S 


dealer,  coal  wagon,  ice  wagon  or  any  dealer  whatsoever, 
for  the  purposes  of  making  the  proper  tests.  Whenever 
the  county  sealer  finds  a  violation  of  the  statutes  re- 
lating to  weights  and  measures  he  shall  cause  the 
violator  to  be  prosecuted.  The  county  sealer  shall  keep 
a  complete  record  of  the  work  done  by  him  and  shall 
make  an  annual  report  to  his  board  of  supervisors,  and 
an  annual  report,  duly  sworn  to,  not  later  than  the 
first  of  December  to  the  state  superintendent  of  weights 
and  measures.  The  county  sealer  of  weights  and  meas- 
iires  shall  forthwith  on  his  appointment  give  a  bond, 
with  sureties  to  be  approved  by  the  appointing  power, 
for  the  faithful  performance  of  the  duties  of  his  office 
and  for  the  safety  of  the  local  standards  and  such  ap- 
pliances for  verification  as  are  committed  to  his  charge 
and  for  the  surrender  thereof  immediately  to  his  suc- 
cessor in  office  or  to  the  person  appointed  by  the  proper 
authority  to  receive  them.  (Amended  by  Laws  of  1910.) 

§  14.  City  sealer.  There  shall  be  a  city  sealer  of 
weights  and  measures  to  be  appointed  by  the  mayor 
with  the  approval  of  the  common  council  of  each  city. 
He  shall  be  paid  a  salary  to  be  fixed  and  determined  by 
the  board  or  body  authorized  to  determine  salaries  of 
city  officials,  and  no  fees  shall  be  charged  or  received 
by  him  or  by  the  city  for  the  inspection  or  testing  of 
weights,  measures  or  weighing  or  measuring  devices. 
He  shall  perform  in  his  city  the  duties  of  and  have  like 
powers  as  a  county  sealer  in  a  county.  This  section 
shall  not  apply  io  the  city  of  New  York.  (Amended 
by  Laws  of  1910.) 

§  15.  Weights  and  measures  to  be  sealed.  Whenever 
the  sealer  of  a  city  or  county  compares  weights  and 
measures  and  finds  that  they  correspond  or  causes  them 
to  correspond  with  the  standards  in  his  possession,  he 
shall  seal  and  mark  such  weights  and  measures  with 
the  appropriate  devices.  (Amended  by  Laws  of  1910.) 


ARTICLE  13 
Hour   and   Meal 

Section  220.  How  packed. 

221.  Size  of  casks. 

222.  How  casks  shall  be  marked  and  branded. 

223.  Casks  of  wheat  flour,  how  branded. 

224.  Casks  of  rye  flour,  how  branded. 

225.  Casks  of  meal,  how  branded. 

226.  Prohibition   against   wrong  marking. 

227.  Counterfeiting  marks   prohibited. 

228.  Prohibition  against  the  sale  of  mixed  flour. 

229.  Prohibition    against    the    transportation    of 

Indian  meal  on  deck. 


§  220.  How  packed.  All  wheat  flour,  rye  flour.  Indian 
meal  or  buckwheat  meal  manufactured  in  this  state  for 
exportation  shall  be  packed  in  good  strong  casks  made 
of  seasoned  oak  or  other  sufficient  timber,  and  hooped 
with  at  least  ten  hoops,  three  of  which  shall  be  on 
each  chime,  and  properly  nailed. 

§  221.  Size  of  casks.  The  casks  shall  be  of  two  sizes 
only.  One  size  shall  contain  one  hundred  and  ninety- 
six  pounds  of  flour  or  meal,  with  staves  twenty-seven 
inches  long  and  each  head  sixteen  and  one  half  inches 
in  diameter;  and  the  other  size  shall  contain  ninety- 
eight  pounds,  with  staves  twenty-two  inches  long  and 
each  head  fourteen  inches  in  diameter,  or  with  staves 
twenty-seven  inches  long  and  each  head  not  more  than 
twelve  inches  in  diameter.  But  Indian  meal  may  like- 
wise be  packed  in  hogsheads  which  shall  contain  eight 
hundred  pounds. 

§  222.  How  casks  shall  be  marked  and  branded.  The 
casks  shall  be  made  as  nearly  straight  as  may  be,  and 
their  tare  shall  be  marked  on  the  head  with  a  marking 
iron;  they  shall  be  branded  with  tne  weight  of  the 
flour  and  meal  contained  therein,  and  branded  or 
painted  with  the  initial  letter  of  the  Christian  name 
and  the  surname  at  full  length  of  the  manufacturer 
thereof;  except  hogsheads  of  Indian  meal,  on  which  the 
weight  only  shall  be  branded. 

§  223.  Casks  of  wheat  flour,  how  branded.  Every 
such  cask  of  wheat  flour  shall  also  be  branded  as  follows: 
If  of  a  very  superior  quality,  "extra  superfine";  if  of 
a  quality  now  branded  "  superfine,"  with  the  word 
"superfine";  if  of  a  third  quality,  "fine'';  if  of  a 
fourth  quality,  "fine  middlings";  if  of  a  fifth  quality, 
"middlings";  if  of  a  sixth  quality,  "ship  stuffs." 

§  224.  Casks  of  rye  flour,  how  branded.  Each  cask 
of  rye  flour  intended  for  the  first  quality  shall  be 
branded  with  the  words  "  superfine  rye  flour/'  and  each 
cask  intended  for  the  second  quality,  with  the  words 
"  fine  rye  flour." 

§  225.  Casks  of  meal,  how  branded.  Each  cask  of 
Indian  meal  shall  be  branded  with  the  words  "  Indian 
meal";  and  each  cask  of  buckwheat  meal,  with  the 
letter  and  the  word  "  B  meal." 

§  226.  Prohibition  against  wrong  marking.  A  per- 
son shall  not  knowingly  offer  for  sale  any  cask  of  flour 
or  meal  upon  which  the  tare  is  undermarked.  or  in 
which  there  is  a  less  quantity  of  meal  than  is  branded 
thereupon.  A  manufacturer  of  flour  or  meal  shall  not 
undermark  the  tare  of  any  cask,  or  put  therein  a  less 
quantity  of  meal  than  is  branded  thereupon;  but  if 
the  light  weight  of  any  such  cask  has  been  occasioned 


10 


by  some  accident  unknown  to  the  manufacturer,  and 
which  happened  after  the  packing  of  the  cask,  it  shall 
riot  be  deemed  a  violation  of  this  section. 

A  person  violating  any  provision  of  this  section  shall 
forfeit  to  the  people  of  the  state  the  sum  of  five  dollars 
for  every  such  violation. 

§  227.  Counterfeiting  marks  prohibited.  No  person 
shall  alter  or  counterfeit  any  brand  marks,  whether 
state  or  private,  made  under  the  provisions  of  this 
article,  or  put  any  flour  or  meal  in  any  empty  cask 
previously  used  and  branded,  and  offer  the  same  for 
sale  in  such  cask  without  first  cutting  out  the  brands. 

A  person  violating  the  provisions  of  this  section  in 
regard  do  altering  or  counterfeiting  any  brand  marks 
shall  forfeit  to  the  people  of  the  state  the  sum  of  one 
hundred  dollars  for  each  such  violation,  and  a  person 
violating  any  other  provision  of  this  section  shall  for- 
feit to  the  people  of  the  state  the  sum  of  five  dollars 
for  each  such  violation. 

§  228.  Prohibition  against  the  sale  of  mixed  flour. 
No  person  .shall  knowingly  offer  for  sale  as  good  wheat 
flour,  any  flour  which  contains  a  mixture  of  Indian 
meal,  or  any  other  mixtures,  or  any  unsound  flour.  A 
person  violating  this  section  shall  forfeit  to  the  people 
of  the  state  the  sum  of  five  dollars  for  each  such  vio- 
lation. 

§  229.  Prohibition  against  the  transportation  of 
Indian  meal  on  deck.  No  person  having  charge  of  any 
vessel  shall  transport,  into  the  city  of  New  York,  any 
Indian  meal  upon  the  deck  of  any  vessel. 

Every  person  violating  this  section  shall  forfeit  to 
the  people  of  the  state  twenty  cents  for  every  barrel 
and  eighty  cents  for  every  hogshead  transported  in  vio- 
lation of  this  section. 

ARTICLE   14 
Beef  and  Perk 
Section  240.  Barrels  and  tierces,  how  made. 

241.  Barrels     in     Suffolk,     Kings,     Queens     and 

Nassau  counties. 

242.  Qualities  of  pork. 

§  240.  Barrels  and  tierces,  how  made.  All  barrels 
in  which  any  pork  or  beef  is  repacked,  shall  be  of  good, 
seasoned  white  oak  or  white  ash  staves  and  heading, 
free  from  every  defect;  and  each  barrel  shall  contain 
two  hundred  pounds  of  beef  or  pork. 

The  barrel  shall  measure  seventeen  and  one-half 
inches  between  the  chimes,  and  be  twenty-eight  inches 
long,  and  hooped  with  twelve  good,  hickory,  white  oak  or 

11 


other  substantial  hoops.  If  made  of  ash  staves,  it 
shall  be  hooped  with  at  least  fourteen  hoops.  The 
staves  and  heads  shall  be  of  good  thick  stuff,  the  heads 
not  less  than  three-quarters  of  an  inch  thick;  and  each 
stave,  on  each  edge,  at  the  bilge,  shall  not  be  less  than 
one-half  an  inch  thick,  when  finished.  The  hoops  shall 
be  well  set  and  driven,  and  the  barrels  branded  on  the 
bilge  with  at  least  the  initial  letters  of  the  cooper's 
name.  The  half  barrel  shall  contain  not  less  than  fif- 
teen, nor  more  than  sixteen  gallons,  and  be  made  in 
proportion  to  and  of  like  materials  as  a  whole  barrel, 
and  shall  contain  one-half  of  the  quantity  of  beef  or 
pork  of  the  whole  barrel. 

The  tierce  shall  be  made  in  proportion  to  and  of  like 
materials  as  a  barrel,  and  shall  contain  three  hundred 
pounds  of  beef  or  pork. 

§  241.  Barrels  in  Suffolk,  Kings,  Queens  and  Nassau 
counties.  All  beef  and  pork  which  is  repacked  in  and 
exported  from  the  counties  of  Suffolk,  Kings,  Queens 
and  Nassau,  may  •  be  packed  in  barrels  as  nearly 
straight  as  may  be,  made  of  good,  seasoned  red  oak 
staves  and  heading  of  the  growth  of  such  counties 
respectively,  free  from  sap  and  every  defect  and  made 
otherwise  as  above  directed. 

§  242.  Qualities  of  pork.  Every  barrel  of  pork  shall 
be  branded  on  one  of  its  heads  by  its  name,  and  contain 
either  "  mesa  pork,"  "  prime  pork "  or  "  cargo  pork." 
"  Mess  pork  "  consists  of  the  sides  of  good,  fat  hogs, 
exclusive  of  all  other  pieces.  "Prime  pork  "  is  pork  of 
which  there  is  in  a  barrel  not  more  than  three 
shoulders,  the  legs  being  cut  off  at  the  knee  joint,  not 
more  than  twenty-four  pounds  of  heads  which  have  the 
ears  and  snouts  cut  off,  the  snouts  cut  off  to  the  open- 
ing of  the  jaws,  and  the  brains  and  bloody  *grizzle 
taken  out  of  the  heads;  and  the  rest  made  up  of  side 
pieces,  neck  and  tail  pieces.  "  Cargo  pork  "  is  pork  of 
which  there  is  not  in  a  barrel  more  than  thirty  pounds 
of  head  and  four  shoulders,  and  it  shall  be  otherwise 
merchantable  pork.  "  Side  pork  "  so  repacked,  shall  be 
cut  from  the  back  bone  to  the  belly,  in  pieces  about 
five  inches  wide,  and  which  in  weight  are  not  under 
four  pounds;  otherwise,  the  barrels  containing  the  same 
shall  not  be  branded  merchantable  pork. 

ARTICLE  15 
Hops  and  nay 
Section  250.  Bales  of  hops  to  be  marked. 

251.  Adulteration    of    hops    prohibited;    counter- 

feiting marks. 

252.  Standard    weight    of    hop    bales    and    tare 

thereon. 


So  in  original. 


Section  253.  Bales   of  hay  to  be  marked. 

254.  Prohibition  against  the  adulteration  of  hay. 

255.  Weight  to  be  marked  on  bale. 

§  250.  Bales  of  hops  to  be  marked.  Every  person 
putting  up  hops  for  sale  or  exportation  shall  mark  or 
stamp  on  each  bale  or  other  package  containing  the 
same,  in  a  legible  manner,  the  initial  letter  of  his 
Christian  name,  and  his  surname  at  full  length,  and  the 
gross  weight  of  such  bale  or  package,  before  its  removal 
from  the  place  where  the*  hops  are  put  up. 

A  person  violating  this  section  shall  forfeit  to  the 
people  of  the  state  the  sum  of  five  dollars  for  each  such 
violation. 

§  251.  Adulteration  of  hops  prohibited;  counter- 
feiting marks.  No  person  shall  intermix  with  any 
hops  any  foreign  or  improper  substance,  or  in  any 
manner  adulterate  their  quality. 

No  person  shall  counterfeit  the  marks  on  any  bale  or 
package  of  hops,  or  empty  any  bale  or  package  of  hops 
so  marked,  for  the  purpose  of  putting  therein  other 
hops  for  sale  or  exportation,  without  first  erasing  such 
marks. 

A  person  violating  any  provision  of  this  section  shall 
forfeit  to  the  people  of  the  state  the  sum  of  one  hun- 
dred dollars  for  each  such  violation. 

§  252.  Standard  weight  of  hop  bales  and  tare 
thereon.  A  bale  of  hops  sold  in  this  state  shall  not 
weigh  less  than  one  hundred  and  seventy-five  nor  more 
than  two  hundred  and  ten  pounds.  The  tare  to  be  de- 
ducted is  five  pounds.  The  standard  weight  of  sacking 
for  baling  is  not  less  than  twenty-four  nor  more  than 
thirty  ounces  for  each  yard;  five  yards  thereof  is  the 
maximum  quantity  to  be  used  for  each  bale,  and  any 
excess  in  the  weight  of  such  sacking  or  other  extraneous 
matter  used  in  baling  may  be  deducted  as  additional 
tare. 

§  253.  Bales  of  hay  to  be  marked.  Every  person 
who  puts  up  and  presses  any  bundle  of  hay  for  market 
shall  mark  or  brand,  in  a  legible  manner,  the  initials 
of  his  name  or  the  initial  letter  of  his  Christian  name 
and  his  surname  at  full  length,  and  the  name  of  .the 
town  in  which  ne  resides,  on  some  board  or  wood  at- 
tached to  such  bundle  of  hay.  Such  hay  may  be  sold 
with  or  without  deduction  for  tare,  and  by  the  weight 
a?  marked,  or  any  other  standard  weight  as  agreed  be- 
tween seller  and  buyer. 

A  person  violating  this  section  shall  forfeit  to  the 
people  of  the  state  the  sum  of  five  dollars  for  each 
such  violation. 

§  254.  Prohibition  against  the  adulteration  of  hay. 
No  person  shall  put  or  conceal  in  any  such  bundle  of 


13 


hay  any  wet  or  damaged  hay,  or  oilier  materials,  or 
hay  of  any  inferior  quality  to  that  which  plainly 
appears  upon  the  outside  of  such  bundle. 

A  person  violating  this  section  shall  forfeit  to  the 
people  of  the  state  the  sum  of  five  dollars  for  each  such 
violation. 

§  255.  Weight  to  be  marked  on  bale.  The  gross 
\veight  shall  be  plainly  marked  on  each  bale  of  hay 
or  straw  sold  or  offered  for  sale  in  this  state;  and  no 
baled  hay  or  straw  shall  be  so  sold  or  offered  for  sale 
which  weighs  less  than  such  gross  weight  after  deduct- 
ing five  pounds  from  such  bale  for  shrinkage.  And  no 
baled  hay  or  straw  shall  be  so  sold  or  offered  for  sale 
with  more  than  twenty  pounds  of  wood  to  the  bale,  the 
weight  of  which  is  two  hundred  pounds  or  upward,  or 
more  than  ten  pounds  of  wood  for  bales  weighing  less 
than  two  hundred  pounds. 

A  person  violating  any  provision  of  this  section  shall 
forfeit  to  the  people  of  the  state  the  sum  of  five  dollars 
for  each  such  violation. 

ARTICLE  26 

Miscellaneous 

Section  390.  Marking   canned   goods. 

391.  Marking  small   fruit  packages   or  baskets. 
.      392.  Repacking  frr.il   and    farm   produce. 
393.  Marking  ginseng. 
394  Marking   thread. 
395.  Marking  oyster   kegs  and  cans. 


§  390.  Marking  canned  goods.  Xo  packer  of  or 
dealer  in  hermetically  sealed,  canned  or  preserved  fruits, 
vegetables  or  other  articles  of  food  within  this  state, 
excepting  canned  or  condensed  milk  or  cream,  shall  sell 
or  offer  the  same  for  sale  for  consumption  within  this 
state,  unless  the  cans  or  jars  containing  the  same  sluill 
have  plainly  printed  upon  a  label  thereupon,  with  a 
mark  or  term  clearly  indicating  the  grade  or  quality  of 
the  articles  contained  therein,  the  name,  address  and 
place  of  business  of  the  person  or  corporation  canning 
or  packing  them,  or  the  name  of  the  wholesale  dealer 
in  the  state  selling  or  offering  the  same  for  sale,  and 
the  name  of  the  state,  county  and  city,  town  or  village 
where  packed,  preceded  by  the  words  "  packed  at." 

If  containing  soaked  goods  or  goods  put  up  from 
products  dried  or  cured  before  canning,  there  shall  also 
be  printed  upon  the  face  of  such  label  in  good  legible 
type,  one-half  of  an  inch  in  height  and  three-eighths 
of  an  inch  in  width,  the  word  "  soaked." 


14 


Goods  imported  from  foreign  countries  of  foreign 
manufacture  shall  not  be  subject  to  the  provisions  of 
this  section. 

Any  person  violating  any  of  the  provisions  of  this 
section  shall  forfeit  to  the  city,  village,  or  town  where 
the  violation  occurs,  the  sum  of  fifty  dollars,  if  a 
retail  dealer,  and  the  sum  of  five  hundred  dollars,  if  a 
wholesale  dealer  or  packer. 

§  391.  Penalties  for  marketing  small  fruits  or  bas- 
kets or  selling  fruit  therein.  Any  person  in  this  state 
who  sells  or  offers  for  sale  fruit  packages  that  are 
of  less  than  the  standard  sizes  and  capacity  as  defined 
in  section  five,  or  any  person  who  sells  or  offers  for  sale 
fruit  in  packages  that  are  of  less  size  or  capacity  than 
those  defined  in  section  five,  shall  be  deemed  guilty  of  a 
misdemeanor  and  upon  conviction  thereof  in  any  court 
of  competent  jurisdiction  shall  be  fined  not  less  than 
five  dollars  and  not  more  than  twenty-five  dollars, 
for  each  violation  and  each  sale  shall  constitute  a 
separate  violation,  but  a  variation  of  not  more  than 
seven  per  centum  shall  not  be  deemed  a  violation  under 
this  section.  (Section  391  as  amended  by  Laws  of  1909; 
in  effect  October  1,  1009.) 

§  392.  Repacking  fruit  and  farm  produce.  A  person, 
firm  or  association  who  purchases  fruit  or  farm  prod- 
uce in  barrels,  boxes  or  other  packages,  and  empties, 
or  causes  to  be  emptied,  such  barrels,  boxes  or  other 
packages,  and  repacks,  or  causes  to  be  repacked  therein 
the  same  or  other  fruit  or  farm  produce,  shall,  before 
any  such  repacked  barrel,  box  or  other  package  is  sold, 
or  offered  or  exposed  for  sale,  erase  or  otherwise  obliter- 
ate the  name  of  the  grower  or  producer,  if  found 
thereon.  Every  such  person,  firm  or  association  selling, 
or  offering  or  exposing  for  sale  fruit  or  farm  produce 
which  has  been  emptied  from  and  repacked  in  the  bar- 
rels, boxes  or  other  packages  in  which  they  were  pur- 
chased, without  erasing  or  otherwise  obliterating  the 
name  of  the  grower  or  producer  of  such  fruit  or  farm 
produce,  if  found  thereon,  as  above  provided,  shall  be 
subjected  to  a  penalty  of  fifty  dollars  for  each  barrel, 
box  or  other  package  of  fruit  or  farm  produce  so  sold, 
offered  or  exposed  for  sale. 

§  393.  Marking  ginseng.  No  person  shall  sell,  offer 
or  expose  for  sale  in  this  state,  any  ginseng  roots  or 
seeds  foreign  to  the  United  States,  or  ginseng  roots  or 
seeds  raised  from  stock  imported  from  any  country 
outside  the  United  States,  except  in  packages  to  which 
shall  be  securely  affixed  a  label,  stating  in  plain  Eng- 
lish language,  the  name  of  such  foreign  country  in 
which  the  roots  or  seeds  were  originally  grown. 

§  394.  Marking  thread.  Every  person  or  firm  en- 
gaged in  the  manufacture  of  sewing,  darning,  crochet, 
or  embroidery  thread  of  cotton,  linen  or  silk,  or  in 

15 


jutting  up  such  thread  on  spools  or  in  balls,  skeins, 
tubes,  bobbins,  cones  or  other  packages,  shall  before 
the  same  is  offered  for  sale,  affix  to  or  impress  upon 
each  spool,  ball,  skein,  tube,  bobbin,  cone  or  other 
package  of  thread  so  manufactured  or  put  up,  a  label 
or  stamp  designating  its  weight  in  pounds  and  ounces 
or  length  in  yards;  provided,  that  where  from  the  shape 
or  size  of  the  package  it  is  impossible  so  to  affix  such 
label  or  stamp,  the  same  shall  be  affixed  to  the  box  in 
which  such  packages  are  put  up.  If  any  such  person 
cr  firm  shall  neglect  to  affix  to,  or  impress  upon,  any 
such  spool,  ball,  skein,  tube,  bobbin,  cone,  package  or 
box  such  label  or  stamp,  or  shall,  with  intent  to  de- 
ceive, affix  to  or  impress  upon  any  such  spool,  ball, 
skein,  tube,  bobbin,  cone,  package  or  box  a  label  or 
stamp  specifying  that  it  contains  a  number  of  yards 
or  a  quantity  of  thread  greater  by  five  per  centum 
or  more  than  it  does  in  fact  contain,  then  such 
person  or  firm  shall  forfeit  the  sum  of  twenty 
dollars  for  each  spool,  ball,  skein,  tube,  bobbin, 
cone,  package  or  box,  which,  without  such  label  or 
stamp,  or  falsely  so  labeled  or  stamped,  shall  be  sold, 
cr  be  delivered  to  any  person  to  be  sold,  said  sum  of 
twenty  dollars  for  each  violation  of  this  section  to  be 
recovered  in  an  action  by  any  person  or  firm  who  will 
sue  for  the  same,  one-half  whereof  shall  be  paid  to  the 
state  treasurer. 

Any  person  or  firm  knowingly  selling  any  sewing, 
darning,  crochet  or  embrodiery  thread  of  cotton,  linen 
or  silk  either  without  a  label  or  stamp  specifying  the 
<|iianlity  or  length  thereof,  or  with  a  label  and  stamp 
iulsely  stating  such  quantity  or  length,  shall  forfeit 
the  sum  of  twenty  dollars  for  each  spool,  ball,  skein, 
tube,  bobbin,  cone,  package  or  box  so  sold  without 
U'.bel  or  incorrectly  labeled,  said  sum  of  twenty  dollars 
for  each  violation  of  this  section  to  be  recovered  in  an 
action  by  any  person  or  firm  who  will  sue  for  the  same, 
one-half  whereof  shall  be  paid  to  the  state  treasurer. 

§  395.  Marking  oyster  kegs  and  cans.  Every  person 
engaged  in  putting  up  oysters  for  sale  in  kegs  or  cans, 
or  offering  them  for  sale  in  kegs  or  cans,  not  previously 
marked  or  branded,  shall  mark  or  brand  such  kegs  or 
cans  with  the  true  quantity  of  oysters  in  pints,  quarts 
or  gallons,  which  they  may  respectively  hold,  and  not 
more  than  one-quarter  of  such  quantity  shall  be  liquid. 

Every  person  violating  any  provision  of  this  section 
shall  forfeit  to  the  city,  village  or  town  where  the  viola- 
tion occurs,  the  sum  of  one  hundred  dollars  for  every 
such  violation. 


16 


CHAPTER  26,  LAWS  OF  1909 

CHAPTER   21    OF   THE   CONSOLIDATED 
LAWS  — GENERAL  CITY  LAW 

/  ARTICLE   11 

Protection  of  Purchasers  of  Coal 

Section  150.  Attempting  to   deliver  or   sell  less  than  a 
legal  ton. 

151.  Delivery   tickets. 

152.  Proviso   as    to   delivery   of   entire    cargo. 

153.  Scales,  designation  of. 

154.  Right  of  purchaser  to  have  coal  reweighed. 

155.  Penalty   for   refusal   to   permit   coal   to  be 

reweighed. 

156.  Owner  of  scales  to  give  bond. 

157.  Publication    of    designation. 

158.  Penalty   for   fraudulent   weighing. 

159.  Owner    of     scales     to    keep    memorandum 

book. 

160.  Recovery  and  disposition  of  penalties. 

161.  Bills  of  lading;    penalty  for  altering. 

§  150.  Attempting  to  deliver  or  sell  less  than  a 
legal  ton.  A  person,  firm  or  corporation  in  a  city  of 
the  first  or  second  class  attempting  to  sell  or  deliver 
less  than  two  thousand  pounds  by  weight  to  a  ton  of 
coal,  or  a  proper  proportion  thereof  to  quantities  less 
than  a  ton,  shall  be  liable  to  a  penalty  of  not  exceed- 
ing fifty  dollars,  provided  that  in  all  cases  thirty 
pounds  to  a  ton  shall  be  allowed  for  the  variation  in 
scales  and  wastage. 

§  151.  Delivery  tickets.  It  shall  be  unlawful  for  any 
I  erson,  firm  or  corporation  delivering  coal  in  cities  of 
the  first  or  second  class  to  deliver  or  cause  to  be  de- 
livered any  quantity  or  quantities  of  coal  which  shall 
1  ave  been  sold  by  weight,  without  each  such  delivery 
being  accompanied  by  a  delivery  ticket,  and  a  dupli- 
cate thereof,  on  each  of  which  shall  be  in  ink,  or  other 
indelible  substance,  distinctly  expressed  in  pounds  the 
quantity  or  quantities  of  coal  contained  in  the  cart, 
wagon  or  other  vehicle  used  in  such  delivery,  with  the 
name  of  the  purchaser  thereof  and  the  name  of  the 
dealer  from  whom  purchased.  One  of  such  tickets  shall 
be  delivered  to  the  purchaser  of  the  coal  specified 
thereon,  and  the  other  of  such  tickets  shall  be  retained 
by  the  seller  of  the  coal.  Any  person,  firm  or  cor- 

17 


poration  who  shall  violate  the  provisions  of  this  sec- 
tion shall  be  liable  to  a  penalty  of  not  exceeding  fifty 
dollars. 

§  152.  Proviso  as  to  delivery  of  entire  cargo.  The 
preceding  section  shall  not  apply  to  coal  delivered  by 
the  entire  cargo  direct  from  the  vessel  containing  the 
same  to  one  destination  and  accepted  by  the  purchaser 
on  the  original  bill  of  lading  as  proof  of  weight;  but 
with  every  such  delivery  of  an  entire  cargo  of  coal  in 
any  city  of  the  first  or  second  class,  there  shall  be  de- 
livered to  the  purchaser  thereof  one  of  the  original 
bills  of  lading,  issued  by  the  person,  firm  or  corpora- 
tion by  whom  the  coal  was  loaded  into  the  vessel  from 
which  such  coal  is  delivered  to  the  purchaser  of  the 
entire  cargo  thereof,  on  each  of  which  bills  of  lading 
there  shall  be  in  ink  or  other  indelible  substance  dis- 
tinctly expressed  the  date  and  place  of  loading  such 
cargo,  and  the  number  of  pounds  contained  therein. 
Any  person,  firm  or  corporation  who  shall  violate  the 
provisions  of  this  section  shall  be  liable  to  a  penalty 
of  not  exceeding  fifty  dollars. 

§  153.  Scales,  designation  cf.  There  may  be  desig- 
nated by  the  respective  mayors  of  the  cities  of  the 
first  and  second  class,  stationary  or  movable  scales, 
suitable  for  the  purpose  of  weighing  coal,  the  owners 
of  which  may  tender  the  same  for  public  use  in  dif- 
ferent parts  of  the  city  in  such  convenience  in  number 
and  locality  as  shall  be  deemed  necessary,  on  which 
the  coal  or  coal  vehicle,  with  or  without  coal,  may  be 
weighed  at  the  request  of  the  purchaser  of  the  coal. 
The  scales  so  designated  shall  be  provided  at  the  ex- 
pense of  the  owners  thereof,  with  test  weights,  and 
shall  be  subject  at  all  times  to  the  inspection  ami 
supervision  of  the  sealers  or  inspectors  of  weights  and 
measures  in  such  city  who  shall  inspect  such  scales 
at  least  once  in  each  month.  Such  scales  shall  also  be 
provided  by  the  owner  thereof  with  a  competent  wci^li- 
master.  The  owner  of  such  scales  shall  be  entitled  to 
charge  for  weighing  coal  and  coal  vehicles  containing 
coal,  at  such  scales,  a  fee  of  not  exceeding  fifteen  cents 
per  ton  of  coal;  empty  vehicles  returning  to  such  scale 
after  delivery. of  the  coal  so  weighed  therein  shall  be 
reweighed  without  further  charge. 

§  154.  Right  of  purchaser  to  have  coal  reweighed. 
It  shall  be  the  right  of  every  purchaser  of  coal  in  any 
oi  the  cities  of  the  first  and  second  class,  before  ac- 
cepting the  delivery  of  the  same,  to  have  any  of  the 
delivery  of  such  coal  weighed  at  his  expense,  at  any 
of  the  scales  designated  under  the  provisions  of  the 
preceding  sections,  provided  such  scales  are  within  a 
half  mile  of  the  place  of  loading  or  the  place  of  de- 
livery of  the  coal,  and  for  this  purpose  to  require  that 


IS 


any  vehicle  containing  coal  purchased  by  him  shall  be 
taken  by  the  driver  or  other  person  in  charge  thereof 
to  such  scales  for  the  purpose  of  having  the  same 
weighed,  and  after  the  delivery  of  the  coal  to  require 
that  the  vehicle  from  which  such  coal  so  purchased 
shall  have  been  delivered  shall  be  taken  by  the  driver 
thereof,  or  any  other  person  in  charge  thereof,  to  such 
scales  to  be  weighed  at  the  expense  of  the  purchaser 
thereof,  and  a  certificate  of  the  weight  of  such  coal, 
so  weighed  as  aforesaid,  shall  thereupon  be  furnished 
to  the  purchaser  of  such  coal  by  the  owner  of  the 
scales  at  which  such  coal  is  so  weighed. 

§  155.  Penalty  for  refusal  to  permit  coal  to  be  re- 
weighed.  The  refusal  of  any  seller  of  coal  to  permit 
coal  purchased  from  him  to  be  reweighed  at  the  re- 
quest of  the  purchaser  thereof,  as  aforesaid,  or  any 
driver  or  other  person  in  charge  of  a  vehicle  contain- 
ing coal,  or  from  which  coal  has  been  delivered,  to  take 
the  same  at  the  request  of  the  purchaser,  to  such  scales 
for  the  purpose  of  having  the  same  weighed,  provided, 
however,  that  the  purchaser  of  such  coal  shall  have 
first  paid  the  owners  of  the  scales  or  the  seller  of  such 
coal  or  the  driver  or  other  person  in  charge  of  the 
vehicle  containing  such  coal,  an  amount  sufficient  to 
meet  the  charges  for  weighing  such  coal,  shall  render 
the  person,  firm  or  corporation  selling  the  coal  liable 
to  a  penalty  not  to  exceed  fifty  dollars. 

§  156.  Owner  of  scales  to  give  bond.  The  owner  of 
such  scales  so  designated,  shall  enter  into  a  bond  with 
the  city  in  which  such  scales  are  situated,  in  the  sum 
of  five  hundred  dollars  with  two  sufficient  sureties, 
conditioned  that  such  scales  shall  be  kept  in  such  con- 
dition as  at  all  times  to  properly  register  the  weight 
of  coal,  and  that  the  person  weighing  coal  thereat 
shall  perform  his  duties  faithfully,  and  furnish  cor- 
rect certificates  to  all  persons  having  coal  or  coal 
vehicles  weighed  at  such  scales.  The  amount  of  such 
bond  shall  be  recoverable  at  the  suit  of  the  city  on 
proof  that  any  conditions  thereof  have  not  been  com- 
plied with. 

§  157.  Publication  of  designation.  The  designation 
of  scales  shall  be  in  writing  signed  by  the  mayor  of 
the  city  in  which  such  scales  are  situated,  and  a  copy 
thereof  inserted  in  any  official  publication  in  such  city, 
and  if  there  be  none,  in  a  newspaper  published  therein. 

§  158.  Penalty  for  fraudulent  weighing.  Any  owner 
of  such  scales  or  any  agent  or  representative  of  his, 
or  any  weighmaster  employed  by  him  thereat,  who 
shall  be  in  any  manner  concerned  in  any  fraudulent 
weighing  of  coal  at  such  scales,  shall  be  guilty  of  a 
misdemeanor  and  shall  be  punishable  by  a  fine  of  not 

19 


exceeding  five  hundred  dollars  or  by  imprisonment  for 
one  year,  or  by  both  such  fine  and  imprisonment. 

§  159.  Owner  of  scales  to  keep  memorandum  book. 
Every  owner  of  such  scales  shall  keep  a  book  in  which 
shall  be  entered  in  ink  a  memorandum  of  every  load 
of  coal  weighed  at  such  scales,  showing  the  name  of 
the  person,  firm  or  corporation  delivering  such  coal, 
the  net  weight  thereof  as  shown  by  the  delivery  ticket 
thereof  of  such  person,  firm  or  corporation,  the  name 
of  the  purchaser  thereof,  the  gross  and  net  weight  of 
the  coal  so  weighed,  and  the  date  of  weighing.  Such 
book  shall  be  the  book  of  original  entries,  and  all  cer- 
tificates delivered  by  the  owner  of  such  scales  shall  be 
copies  of  the  entries  contained  therein,  and  such  books 
shall  at  all  reasonable  hours  be  open  to  the  inspection 
of  any  citizen. 

§  160.  Recovery  and  disposition  of  penalties.  The 
penalties  provided  in  this  article  shall  .be  recoverable 
at  the  suit  of  the  city  in  which  such  penalties  are  in- 
curred, and  the  amount  so  collected,  as  well  as  any 
amount  collected  in  suits  brought  to  recover  the 
amounts  due  on  bonds  given  under  the  provisions  of 
this  article,  shall  be  paid  over,  one-half  to  any  police 
pension  or  relief  fund  in  such  city,  and  one-half  to  any 
firemen's  pension  or  relief  fund  therein. 

§  161.  Bills  of  lading;  penalty  for  altering.  A  per- 
son guilty  of  altering  with  intent  to  defraud,  any 
original  bill  of  lading  issued  by  the  person,  firm  or 
corporation  by  whom  the  coal  was  loaded  into  the  ves- 
sel in  which  such  coal  is  transported  to  any  city  of 
the  first  or  second  class,  in  this  state,  or  of  uttering 
any  such  bill  of  lading  so  altered,  or  who  is  guilty  of 
making,  preparing  or  subscribing  or  uttering  a  false 
or  fraudulent  manifest,  invoice  or  bill  of  lading 
thereof,  or  removing  any  part  of  such  cargo  of  coal 
without  having  the  amount  thereof  certified  to  in  writ- 
ing on  such  original  bill  of  lading,  by  the  person,  firm 
or  corporation  receiving  the  coal  so  removed,  and  by 
the  captain  of  the  vessel  containing  such  cargo,  is 
punishable  by  imprisonment  in  a  state  prison,  not  ex- 
ceeding three  years,  or  by  a  fine  not  exceeding  one 
thousand  dollars,  or  both,  and  the  delivery  of  any 
fraudulent  bill  of  lading  to  any  purchaser  of  coal  shall 
be  presumptive  evidence  of  uttering  the  same  with 
criminal  intent. 


20 


CHAPTER  55,  LAWS  OF  1909 

CHAPTER   53  OF   THE   CONSOLIDATED 
LAWS  -  SECOND  CLASS  CITIES  >LAW 

ARTICLE  14 

Supervisors;    Sealer  of   Weights  and  Measures 

§  211.  Sealer  of  weights  and  measures.  The  sealer 
of  weights  and  measures  shall,  within  the  city,  have 
the  powers  and  perform  the  duties  of  sealers  of  weights 
and  measures  of  towns  under  the  general  laws  of  the 
state.  He  'shall  supervise  the  weighing  of  coal  and 
perform  such  other  duties  as  may  be  prescribed  by 
law  or  ordinance  of  the  common  council.  He  shall  re- 
ceive a  salary,  to  be  fixed  by  the  board  of  estimate  and 
apportionment,  and  no  fees  shall  be  charged  or  col- 
lected by  him  or  by  the  city  for  his  services. 


•21 


CHAPTER  65,  LAWS  OF  1909 

AN    ACT   TO    AMEND   THE    CODE    OF 

CIVIL  PROCEDURE  GENERALLY- 

SECTION  1 

§  8413.  Testimony  of  surveyor  and  proof  of  stand- 
ard of  measurement.  No  surveyor  shall  give  evidence 
in  any  cause  depending  in  any  of  the  courts  of  this 
state,  or  before  arbitrators,  respecting  the  survey  or 
measurement  of  lands  which  he  may  have  made,  unless 
if  required,  either  such  surveyor  shall  make  oath,  or 
it  shall  otherwise  be  shown  that  the  chain  or  men  sure 
used  by  him  was  conformable  to  the  standards  of  the 
state  which  were  the  standards  of  the  state  at  the 
time  such  survey  was  made.  An  official  certificate  of 
any  state,  county,  city,  village  or  town  sealer  elected 
or  appointed  pursuant  to  the  laws  of  this  state,  or 
the  oath  of  such  surveyor,  that  such  chain  or  measure 
conformed  to  the  state  standard  which  shall  have  been 
furnished  any  such  sealer  pursuant  to  the  provisions 
of  the  laws  of  this  state,  shall  be  prima  facie  evidence 
of  such  conformity,  and  an  official  certificate  made  by 
any  such  sealer  that  the  implement  used  in  measuring 
such  chain  or  other  measure  was  the  one  provided 
under  such  laws  for  such  purposes,  shall  be  prima 
facie  evidence  of  that  fact. 


22 


CHAPTER  88,  LAWS  OF  1909 

CHAPTER   40  OF   THE  CONSOLIDATED 
LAWS  — PENAL  LAW 

ARTICLE  40 

Business  and  Trade 

§  420.  Article  of  merchandise  defined.  The  expres- 
sion "  article  of  merchandise,"  as  used  in  this  article, 
signifies  any  goods,  wares,  work  of  art,  commodity, 
compound,  mixture  or  other  preparation  or  thing  which 
may  be  lawfully  kept  or  offered  for  sale. 

§  421.  Untrue  and  misleading  advertisements.  Any 
person,  firm,  corporation  or  association,  or  any  em- 
ployee thereof,  who,  in  a  newspaper,  circular  or  other 
publication  published  in  this  state,  knowingly  makes 
or  disseminates  any  statement  or  assertion  of  fact  con- 
cerning the  quantity,  the  quality,  the  value,  the 
method  of  production  or  manufacture,  or  the  reason 
for  the  price  of  his  or  their  merchandise,  or  the  man- 
ner or  source  of  purchase  of  such  merchandise,  or  the 
possession  of  rewards,  prizes  or  distinctions  conferred 
on  account  of  sucn  merchandise  or  the  motive  or  pur- 
pose of  a  sale,  intended  to  give  the  appearance  of  an 
offer  advantageous  to  the  purchaser  which  is  untrue  or 
calculated  to  mislead,  shall  be  guilty  of  a  misdemeanor. 

Any  person,  firm,  corporation  or  association  or  any 
employee  thereof  who  violates  any  provision  of  this 
section  shall  be  liable  to  a  fine  of  not  less  than  twenty- 
five  nor  more  than  one  hundred  dollars  for  each 
offense. 

§  434.  Concealing  foreign  matter  in  merchandise.  A 
person  who,  with  intent  to  defraud,  while  putting  up 
in  a  barrel,  bag,  bale,  box,  or  other  package,  cotton, 
hops,  hay,  or  any  other  article  of  merchandise  what- 
ever, usually  sold  by  weight  in  such,  packages,  places 
or  conceals  therein  any  other  substance  or  thing  what- 
ever, in  a  case  where  special  provision  for  the  punish- 
ment thereof  is  not  otherwise  made  by  statute,  is 
guilty  of  a  misdemeanor. 

§  435.  False  labels.  A  person,  who,  with  intent  to 
defraud:  1.  Puts  upon  an  article  of  merchandise,  or 
upon  a  cask,  bottle,  stopper,  vessel,  case,  cover,  wrap- 
per, package,  band,  ticket,  label,  or  other  thing,  cou- 

23 


taming  or  covering  such  an  article,  or  with  which 
such  an  article  is  intended  to  be  sold,  or  is  sold,  any 
fylse  description  or  other  indication  of  or  respecting 
the  kind,  number,  quantity,  weight  or  measure  of  such 
article,  or  any  part  thereof,  or  the  place  or  country 
where  it  was  manufactured  or  produced  or  the  quality 
01  grade  of  any  such  article,  if  the  quality  or  grade 
thereof  is  required  by  law  to  be  marked,  branded  or 
otherwise  indicated  on  or  with  such  article;  or, 

2.  Sells   or   offers   for    sale   an  article,   which   to   his 
knowledge   is    falsely   described   or   indicated   upon   any 
such  package,  or  vessel  containing  the  same,  or  labeled 
thereupon,    in   any   of    the    particulars    specified;    or, 

3.  Sells   or    exposes    for   sale    any   goods    in   bulk   to 
which   no   name   or  trade-mark   shall   be   attached,   and 
orally  or  otherwise  represents  that  such  goods  are  the 
manufacture    or    production    of    some    other    than    the 
actual  manufacturer  or   producer,   in  a  case  where  the 
punishment   for   such   offense   is  not   specially   provided 
for  otherwise  by  statute, 

Is  guilty  of  a  misdemeanor. 

§  436.  Using  false  marks  as  to  manufacture.  A  per- 
son, who,  with  intent  to  defraud  or  to  enable  another 
to  defraud  any  person,  manufactures  or  knowingly 
sells  or  causes  to  be  manufactured  or  sold,  any  article, 
marked,  stamped  or  branded  or  incased  or  inclosed  in 
any  box,  'bottle  or  wrapper,  having  thereupon  any  en- 
graving or  printed  label,  stamp,  imprint,  mark  or 
trade-mark  which  article  is  not  the  manufacture, 
workmanship  or  production  of  the  person  named,  in- 
dicated or  denoted  by  such  marking,  stamping  or 
branding,  or  by  or  upon  such  engraving,  printed  label, 
stamp,  imprint,  mark  or  trade-mark,  is  guilty  of  a 
misdemeanor. 

§  437.  Penalty  for  selling  half  wine  not  labeled.  A 
person  who  sells,  offers  for  sale  or  manufactures  with 
intent  to  sell,  any  wine  known  as  "  half  wine,"  which 
is  not  stamped,  marked  or  labeled  as  required  by  law,  is 
guilty  of  a  misdemeanor. 

ARTICLE  42 
Canals 

§  461.  Weighmaster  making  false  entry  of  weight  of 
canal  boat.  A  weighmaster  upon  any  of  the  canals  be- 
longing to  this  state,  and  a  clerk  of  such  weighmaster, 
who  makes  a  false  entry  of  the  weight  of  any  boat,  or 
cargo  of  any  boat,  navigating  such  canal,  or  who 
makes  a  false  certificate  of  the  light  weight  of  any 
boat,  knowing  such  entry  or  certificate  to  be  false,  is 
guilty  of  a  misdemeanor. 


24 


ARTICLE  213          ;  :^       :  -       ,     f 
Weights  and  Measures 

Section  2410.  Requiring  more  than  the  legal  weight  for 
a  bushel. 

2411.  Using    false   weights    and   measures. 

2412.  Keeping  false  weights  and  measures. 

2413.  False    weights    and    measures    authorized 

to  >be  seized. 

2414.  Weights  and  measures  may  be  tested  by 

committing  magistrate  and  destroyed  or 
delivered   to    district   attorney. 

2415.  False    weights    and     measures    to    be    de- 

stroyed   after    conviction   of   offender. 

2416.  Stamping   false   weight   or  tare   on   casks 

or   packages. 

2417.  Regulations    for    sale    of    baled    hay    and 

straw. 

§  2410.  Requiring  more  than  the  legal  weight  for  a 
bushel.  Where  potatoes,  grains  or  other  agricultural 
products  are  sold  by  the  bushel,  without  agreement  as 
to  the  weight,  any  person  requiring  a  greater  number 
of  pounds  for  a  bushel  than  as  prescribed  by  section 
eight  of  the  general  business  law  is  guilty  of  a 
misdemeanor. 

§  2411.  Using  false  weights  and  measures.  A  person 
who  injures  or  defrauds  another  by  using,  with  knowl- 
edge that  the  same  is  false,  a  false  weight,  measure, 
or  other  apparatus,  for  determining  the  quantity  of  any 
commodity,  or  article  of  merchandise,  or  by  knowingly 
delivering  less  than  the  quantity  he  represents,  is 
guilty  of  a  misdemeanor. 

§  2412.  Keeping  false  weights  and  measures.  A  per- 
son who  retains  in  his  possession  any  weight  or  meas- 
ure, knowing  it  to  be  false,  unless  it  appears  beyond 
a  reasonable  doubt  that  it  was  so  retained  without 
intent  to  use  it,  or  permit  it  to  be  used  in  violation  of 
the  last  section,  is  guilty  of  a  misdemeanor. 

§  2413.  False  weights  and  measures  authorized  to  be 
seized.  A  person  who  is  authorized  or  enjoined  by  law 
to  arrest  another  person  for  a  violation  of  the  last 
two  sections,  is  equally  authorized  and  enjoined  to 
seize  any  false  weights  or  measures  found  in  the  pos- 
session of  the  person  so  arrested,  and  to  deliver  the 
same  to  the  magistrate  before  whom  the  person  so 
arrested  is  required  to  be  taken. 

§  2414.  Weights  and  measures  may  be  tested  by 
committing  magistrate  and  destroyed  or  delivered  to 
district  attorney.  The  magistrate  to  whom  any  weight 
or  measure  is  delivered  pursuant  to  the  last  section, 


25 


ia'i'.£'t'?  Mpon  the  examination  of  the  defendant,  or  if 
the  examination  is  delayed  or  prevented,  without 
awaiting  such  examination,  cause  the  same  to  be 
tested  by  comparison  with  standards  conformable  to 
law;  and  if  he  finds  it  to  be  false,  he  must  cause  it  to 
be  destroyed,  or  to  be  delivered  to  the  district  attor- 
ney of  the  county  in  which  the  defendant  is  liable  to 
indictment  or  trial,  as  the  interests  of  justice  in  his 
judgment  require. 

§  2415.  False  weights  and  measures  to  be  destroyed 
after  conviction  of  offender.  Upon  the  conviction  of 
the  defendant,  the  district  attorney  must  cause  any 
weight  or  measure  in  respect  whereof  the  defendant 
stands  convicted,  and  which  remains  in  the  possession 
or  under  the  control  of  the  district  attorney,  to  be 
destroyed. 

§  2416.  Stamping  false  weight  or  tare  on  casks  or 
packages.  A  person  who  knowingly  marks  or  stamps 
false  or  short  weights,  or  false  tare  on  any  cask  or 
package,  or  knowingly  sells  or  offers  for  sale  any  cask 
or  package  so  marked,  is  guilty  of  a  misdemeanor. 

§  2417.  Regulations  for  sale  of  baled  hay  and  straw. 
A  person  who: 

1.  Sells   or   offers   for  sale  baled   hay   or   straw  con- 
taining more  than  twenty  pounds  of  wood  to  the  bale, 
the    weight   of    which    is    two    hundred    pounds    or   up- 
ward,  or   more   than   ten   pounds  of   wood   to   the   bale 
the  weight  of  which  is  less  than  two  hundred  pounds; 
or, 

2.  Sells  or  offers  for  sale  any  bale  of  hay  or  straw 
upon    which    the    correct    gross    weight    is    not    plainly 
marked    or   which   weighs    more    than    five   pounds   less 
than   the   gross    weight    so    marked    thereupon, 

Is  guilty  of  a  misdemeanor. 


J.  B.  LYON  COMPANY,  STATE  PRINTERS,  ALBANY,  N.  Y. 


26 


Laws,fct£.tutes,  etc . 


relating  to  weights 


< 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


- 


